Psion: Intel is "deceiving" the public over netbooks

 

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By Barry Collins

Posted on 2 Mar 2009 at 08:02

Psion has accused Intel of deceiving consumers over its use of the term netbook.

Psion is attempting to enforce the Netbook trademark it secured in the late 1990s, having last year written to PC manufacturers, retailers and bloggers asking them to stop using the term for low-cost laptops.

Both Intel and Dell have petitioned the courts to strip Psion of its trademark, claiming that the term has now become generic.

Now Psion is counter-suing Intel, according to court documents obtained by the Save The Netbooks blog.

In its counter-claim, Psion asserts that Intel has tried to hoodwink laptop buyers. "Intel has used the netbook designation in interstate commerce in connection with the promotion and sales of computer chips for use in laptop computers," the court filing states.

"Intel's use of a designation that is confusingly similar to Psion's Netbook mark is likely to cause confusion, to cause mistake, and to deceive consumers."

Psion goes on to accuse Intel of profiting from its trademark - and encouraging others to do likewise. "Intel has engaged in the unauthorised offering and sale of its products in association with the infringing netbook designation willfully and maliciously, and with full knowledge that it has no right to use it," the filing continues.

"On information and belief, Intel willfully and maliciously has encouraged, aided and abetted other manufacturers and retailers in the electronics industry to adopt and use the term netbook as a generic name for a type of laptop computer in an effort to destroy Psion's trademark rights."

Psion also accuses Intel of cybersquatting, having registered the Netbook.com domain last September.

The company goes on to provide evidence that it hasn't abandoned the netbook term, providing sales figures for its Netbook range of devices, which claim the company was still raking in $60,900 worth of sales last year - although that's a huge drop from its 2006 peak of more than $2 million.

Psion is also keen to have its day in court. "Psion respectfully demands a trial by jury on all issues triable by right to a jury," the filing concludes.